CompFox AI Summary
Holz Rubber Company petitioned for removal of an order joining it as a defendant, arguing the claim was against another entity and joinder was barred by statute of limitations. The Appeals Board denied the petition, emphasizing removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. Defendant did not demonstrate such harm, only that it would incur defense costs for a claim it deems meritless. All defenses can be raised later in the proceedings, as demurrers and summary judgment motions are not permitted in workers' compensation.
Full Decision Text1 Pages
Holz Rubber Company petitioned for removal of an order joining it as a defendant, arguing the claim was against another entity and joinder was barred by statute of limitations. The Appeals Board denied the petition, emphasizing removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. Defendant did not demonstrate such harm, only that it would incur defense costs for a claim it deems meritless. All defenses can be raised later in the proceedings, as demurrers and summary judgment motions are not permitted in workers' compensation.
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